Terms & Conditions
TERMS AND CONDITIONS OF SALE
These are the terms and conditions on which New Lam Wah supply products to you, whether in store or by phone, via our websites (newlanwah.com) and via our mobile, tablet or other applications (our "Sites").
Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place. We recommend that you print and retain a copy for future reference.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions relating to these terms and conditions please contact us using our Contact Form before you place an order.
Your use of our
Sites, and any orders you place, is governed by our Terms of Use, Privacy
Policy and our Cookie Policy. Please take the time to read these, as they
include important terms which apply to you
INFORMATION ABOUT US
Our Sites are
operated by New Lam Wah Limited ("we", "our" or
"us"). We are registered in Scotland under company number SC381695 at
9 Ainslie Place, Edinburgh EH3 6AT. You can
contact us using our Contact Form.
SERVICE AVAILABILITY
Subject to minimum delivery spends, We offer a delivery service to certain prescribed areas in Hawick and its surroundings to ensure that our products are at their best when they reach your door. If you live outside a prescribed delivery area, you can contact our shop about the possibility of delivery to your area and the delivery rate.
For the safety
of our drivers, a driver will only deliver to the main door/reception when
delivering to apartment blocks, flats or hotels.
ORDERING
You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
If you place an order via our Sites, you will be presented with confirmation on your screen that your order has been received and accepted by us. Your contract with us is only formed when you have been presented with this confirmation.
You will also receive a confirmation email. Please make sure that the email address, home address and telephone number you provide are correct and in proper working order, as these are required to fulfil your order.
If you place an
order in our shop, your contract will be formed when you receive your receipt
of purchase.
PRODUCTS
All products are subject to availability. In most cases, we will offer an alternative for any out-of-stock item.
Some of our dishes may contain nuts , some ingredients are produced in factories that handle nuts. If you are allergic to nuts, please be aware these and tell us your special requirements.
Shop is busy working environments and there is a risk of cross-contamination between dishes. If you have an allergy we kindly ask that you do not order online. Instead, please telephone our shop and inform your order-taker directly in full of your allergies.
We do have a number of options available for vegetarians which are indicated on our menus. We also have procedures in place for cooking dishes that are suitable for vegetarians however please note that we do not have a dedicated preparation or cooking area in our shop for vegetarian food. If you are a vegetarian please inform your order-taker who will do their best to ensure that any risk of cross-contamination with your order is minimised.
Great care is taken in the preparation of all our products, however, we cannot guarantee that all bones from meat products have been removed and some may remain.
Cooked ham is formed from cured pork legs with added water. Ground beef, chicken breast strips and smoked bacon rashers contain added water.
All our dishes
are cooked freshly at your order. The images of our products contained on our
menus and Sites are for illustrative purposes only. Although we try our hardest
to be consistent, at times, products you order may vary slightly from those
images.
AVAILABILITY AND DELIVERY
We strive to maintain our excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors such as the weather and traffic conditions may occasionally prevent us from achieving this.
We will do our best to fulfil your order in accordance with the date and time confirmed to you at the time of your order.
If your order is
for delivery and you have requested delivery 'asap', we will do our best to
fulfil your order within a reasonable time of your confirmation email, taking
into account the volume of orders and circumstances facing us at the time.
CANCELLATION
You have the
right to cancel an order by telephoning us within a reasonable time prior to
any food being used to start preparing your order.
If you wish to cancel an order after food has been used to start preparing it, you may be charged the full price of the order and no refund will be due to you.
In the unfortunate circumstance that we needs to cancel your order after it has been accepted, we will notify you. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
You will not be
charged for any orders we cancel. Any payment made prior to an order being
cancelled by us will typically be reimbursed using the same method originally
used by you to pay for your purchase.
PRICE AND PAYMENT
Prices are as quoted on our menus, Sites and in our shop and may change from time to time, although changes will not affect orders already placed (unless due to a technical error). Prices include VAT.
If we fail to
comply with these terms, we are responsible for loss or damage you suffer that
is a foreseeable result of the breach of these terms or negligence, up to the
amount of the purchase price you paid for the order applicable to.
However we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you and us at the time of your purchase.
We only supply
products for private and business use. You agree not to use any product for
commercial or re-sale purposes and we have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business
opportunity.
We do not exclude or limit our liability for:
death or
personal injury caused by our negligence;
fraud or
fraudulent misrepresentation; or
any liability
which cannot legally be limited or excluded.
WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Sites, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Sites. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you wish to
contact us at any time, you should contact us using our Contact Form or contact
us by telephone or in person in our shop.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a "Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control of us and includes in particular (without limitation) the following:
strikes,
lock-outs or other industrial action;
civil commotion,
riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war;
fire, explosion,
storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other
natural disaster;
impossibility of
the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
impossibility of
the use of public or private telecommunications networks;
the acts,
decrees, legislation, regulations or restrictions of any government; or
non-performance
by suppliers or subcontractors.
WAIVER
If we fail to
insist that you perform any of your obligations under these terms and
conditions, or if we do not enforce our rights against you, or delay in doing
so, that will not mean that we have waived our rights against you or that you
do not have to comply with those obligations. If we waive a default by you,
this will only be done in writing, and will not mean that we will automatically
waive any later default by you.
SEVERABILITY
Each of the
paragraphs of these terms and conditions operates separately. If any court or
relevant authority decides that any of them are unlawful or unenforceable, the
remaining paragraphs will remain in full force and effect.
ASSIGNMENT
We may transfer
our rights and obligations under any contract with you to another organisation,
but this will not affect your rights or our obligations under these terms and
conditions. You may only transfer your rights or your obligations under these
terms and conditions to another person if we agree in writing.
ENTIRE AGREEMENT
These terms and
conditions and any document expressly referred to in them represent the entire
agreement in relation to the subject matter of any contract and supersede any
prior agreement, understanding or arrangement between you and us wether oral
or in writing.
VARIATION OF THESE TERMS AND CONDITIONS
We have the
right to amend these terms and conditions from time to time. Any changes we
make to these terms and conditions will be posted on this page. You will be
subject to the policies and terms and conditions in force at the time that you
order, unless any change to those policies or these terms and conditions is
required to be made by law or governmental authority.
THIRD PARTY RIGHTS
No one other
than a party to these terms and conditions shall have any right to enforce any
of its terms and conditions.
LAW AND JURISDICTION